Interior Ministry: Revised bill does not expand National Guard powers, but streamlines them

Bill No. 10311 On amendments to the Law of Ukraine On the National Guard of Ukraine is aimed at improving the legal foundations of the National Guard's activities under martial law, the Ministry of Internal Affairs of Ukraine said.
"Its goal is not to expand powers, but to systematize and unify existing provisions. "The servicemen of the National Guard of Ukraine have long had the right to use special means in accordance with Cabinet of Ministers' Resolution No. 1024 of December 20, 2017, as well as other coercive measures according to clearly defined rules," the ministry's press service said in a statement.
It is noted that the bill was prepared based on the results of an analysis of the situation that developed due to Russia's full-scale armed aggression against Ukraine back in 2022. It was then submitted for consideration by the Verkhovna Rada of Ukraine in December 2023 and considered at first reading, adopted as a basis in May 2024. On May 22, 2024, the Verkhovna Rada of Ukraine did not adopt, but adopted this draft law at first reading as a basis.
The main changes concern the Law of Ukraine On the National Guard of Ukraine in terms of bringing its provisions into line with other, already existing legal norms regarding the performance by the guards of the tasks and functions that they perform during martial law, and taking into account the current tasks that the National Guard is currently performing.
"The National Guard is a component of the Ministry of Internal Affairs system. In addition to performing tasks on the frontline, the structure has law enforcement tasks (functions). The National Guard servicemen also serve at checkpoints and are involved in law enforcement tasks in de-occupied and frontline territories, conduct stabilization measures, and are also involved in counter-sabotage measures and the fight against reconnaissance and sabotage groups," the ministry said.
Accordingly, a National Guard serviceman must use the norms of many regulatory and legal documents at the same time and use the laws that regulate the activities of other structures. Bill No. 10311 proposes their unification in a single law that regulates the activities of the National Guard.
The list of types of special means proposed in part two of Article 17 of the bill is currently already provided for and used by servicemen of the National Guard of Ukraine in accordance with Resolution of the Cabinet of Ministers of Ukraine No. 1024 On approval of the list and rules for the use of special means by servicemen of the National Guard during the performance of official tasks of December 20, 2017.
"Servicemen of the National Guard of Ukraine had and have the right to use physical force, special means, weapons, armaments and military equipment to perform their tasks and functions, to stop and check cars. This is how they served both before the full-scale invasion and in 2022, and are doing it now. This is how they detect reconnaissance and sabotage groups, stop the illegal circulation of weapons, ammunition, narcotics, and detain persons who have committed crimes or are wanted," the ministry said.
In the proposed bill, some provisions are almost completely duplicated from the Laws of Ukraine On the National Police, On the State Border Guard Service of Ukraine, On the Military Law Enforcement Service in the Armed Forces of Ukraine, taking into account the specifics of the implementation of the tasks and functions assigned to the National Guard.
"In general, the changes to the law are aimed at detailing the powers of the National Guard and ensuring a clear regulatory definition of its activities. The law may be subject to changes and additions at the stage of consideration and adoption. Guardsmen must have legal tools to counteract reconnaissance and sabotage groups, criminals, and serve in places where people need it in front-line areas and in liberated territories. Our task is to protect the state and the security of citizens," the ministry said.